Overview

This website provides information about a petition to the court filed by the petitioner Clearwater Park GP Inc. (“Clearwater”) regarding the property at 40343 Park Crescent, Squamish, B.C. (the “Property”).  The Petitioner is the registered owner of the Property.  The petition seeks court orders modifying or cancelling a Building Scheme registered on title to the Property and many other properties in the Garibaldi Estates neighbourhood. 

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This website is for information purposes only.  You should consult a legal adviser if you have any questions or are uncertain as to your rights or obligations.  This website is not intended to provide you with legal advice.  You are entitled and encouraged to seek independent legal advice with respect to your legal rights in this matter.

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Background

As part of the development of the Pat Goode Subdivision, located in the Garibaldi Estates neighbourhood of Squamish, the developer, Garibaldi Estate Ltd. (“Garibaldi”), registered a common law building scheme filed in the Land Title Office (the “LTO”) on April 16, 1959 under registration number 402709L (the “Building Scheme”).  The Building Scheme imposes a list of restrictions regarding the use of the lands, but all subject to the approval of Garibaldi or an “Approving Officer” designated by Garibaldi. 

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Garibaldi was dissolved on March 28, 1983.  There is no record that Garibaldi ever designated an “Approving Officer” under the Building Scheme, and the term “Approving Officer” is not defined elsewhere in the Building Scheme. 

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The registered owner of the Property, Clearwater, purchased the Property in September, 2024 with the intention of constructing multi-unit residential dwellings on it. 

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On September 23, 2024, Clearwater was issued a development permit by the District of Squamish for the construction of a four-plex of residential units on the Property (the “Development Permit”).

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Clearwater Petition

On December 23, 2024, pursuant to section 35(2) of the Property Law Act, Clearwater filed a petition in the Supreme Court of British Columbia seeking, amongst other things, a court order that the District of Squamish be declared to be the designated “Approving Officer” in respect of the Building Scheme.  In the alternative, Clearwater seeks a court order cancelling or modifying the Buildings Scheme such that Clearwater may develop the Property pursuant to the Development Permit approved by the District of Squamish.

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Clearwater’s Petition and supporting affidavits may be accessed at the links below:   

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1. Petition to the Court filed December 23, 2024 (the “Clearwater Petition”);

2. Affidavit #1 of M. Van Capelle, filed in the proceeding Smith v. Clearwater Park GP Ltd., B.C. Supreme Court, Vancouver Reg. Action No. VLC-S-S-247957;

3. Affidavit #1 of L. Peake, filed in the proceeding Smith v. Clearwater Park GP Ltd., B.C. Supreme Court, Vancouver Reg. Action No. VLC-S-S-247957; and

4. Affidavit #1 of Debbie Millward, filed in the proceeding Smith v. Clearwater Park GP Ltd., B.C. Supreme Court, Vancouver Reg. Action No. VLC-S-S-247957.

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An order granting substitutional service of the Clearwater Petition and supporting affidavits can be accessed at the link below:

 

1. Order Made After Application, entered January 6, 2025.

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Smith Petition

The Clearwater Petition was necessitated because the owners of a property neighbouring the Property, the Smiths, commenced their own petition (the “Smith Petition”) seeking to enforce the Buildings Scheme and prevent Clearwater’s development of the Property.  Copies of the Smith Petition and the supporting affidavits may be accessed at the links below:

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1. Petition to the Court filed November 18, 2024 (the “Smith Petition”);

2. Affidavit #1 of D. Smith, filed November 18, 2024 in the proceeding Smith v. Clearwater Park GP Ltd., B.C. Supreme Court, Vancouver Reg. Action No. VLC-S-S-247957;

3. Affidavit #1 of M. Sheridanin, filed November 18, 2024 in the proceeding Smith v. Clearwater Park GP Ltd., B.C. Supreme Court, Vancouver Reg. Action No. VLC-S-S-247957;

4. Affidavit #1 of D. McMurtryin, filed November 18, 2024 in the proceeding Smith v. Clearwater Park GP Ltd., B.C. Supreme Court, Vancouver Reg. Action No. VLC-S-S-247957;

5. Affidavit #1 of B. McDougall, filed November 18, 2024 in the proceeding Smith v. Clearwater Park GP Ltd., B.C. Supreme Court, Vancouver Reg. Action No. VLC-S-S-247957; and

6. Affidavit #1 of M. Sedmak, filed November 18, 2024 in the proceeding Smith v. Clearwater Park GP Ltd., B.C. Supreme Court, Vancouver Reg. Action No. VLC-S-S-247957.

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Response to Clearwater Petition

All owners of lots located within Block I of Township 50, Plans 10396, 10640, 10931, 13439, 19227 and EPP68803 as set out in Appendix “A” to the Petition (the “Block I Respondents”) are named as respondents to the Petition because their interests may be affected by the modification or cancellation of the Building Scheme.  As respondents, Block I Respondents are entitled to make their views known to the Court and may file a Response to Petition and any affidavit evidence they feel is appropriate.   

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If you intend to take a position regarding the Clearwater Petition, you should file a Response to Application, and your supporting affidavits, with the court registry on or before February 5th, 2025, and provide a copy by email to Peter J. Roberts, K.C., legal counsel for the Petitioners, at proberts@lawsonlundell.com.   

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A link to a blank Response to Petition for the Clearwater Petition can be found here.

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